Before you walked down the aisle, you and your spouse may have executed a prenuptial agreement on the off chance that your marriage does not last. And, while no one in Maryland or the D.C. metro area can predict whether a divorce will happen in the future, you may feel that if your marriage is coming to an end that the prenup entered into so long ago should no longer be followed. The following is an overview of what can make a prenup unenforceable.
When executing a prenup, each spouse is required to fully disclose all their assets and debts. Sometimes a spouse undervalues assets or tries to hide assets in order to obtain a financial advantage. However, this can be considered an act of fraud that makes the prenup unenforceable, as the other spouse was unknowingly presented with an agreement that contained false information.
Coercion, duress or incapacity
Sometimes a person is forced into signing a prenup, although this can be hard to prove. However, coercion or duress can invalidate a prenup. Also, if you did not have the mental capacity to sign a prenup, for example, if you were very ill or under the influence of drugs or alcohol, this could also invalidate a prenup.
Prenups are essentially contracts. If your prenup contains errors or if it was not filed properly, this could invalidate the prenup.
Each spouse did not have their own attorney
Prenups are legal documents that affect the rights of both parties. For this reason, both parties to a prenup should retain a separate attorney, who can advise them of their rights and options, and ensure the final agreement is not blatantly unfair. If a prenup was entered into without each side having independent legal counsel or if it is so lopsided as to be patently unfair, this could invalidate the prenup
Seek legal advice if you want to challenge a prenup
Invalidating a prenup is can be difficult. Keep in mind that this post does not contain legal advice. Those wishing to challenge a prenup may want to seek professional guidance so they can make informed decisions as they move forward with their divorce.